Dear Sourceable readers, As many of you are aware, the Victorian Government has introduced substantial new restrictions on building and construction sites across metropolitan Melbourne. To help you understand how this will affect you and what you need to do, Sourceable has reprinted the Construction Sector Guidance issued by the government. Accordingly, the guidance set out below is a direct replica of the guidance issued by the government on the Construction Sector Guidance section of its coronavirus.vic.gov.au web site. This should help to answer any questions you may have and to clarify any of your concerns.

Extended Melbourne lockdown

The Victorian Government has announced the current lockdown across metropolitan Melbourne will be extended and a curfew put in place until 11.59pm on Thursday, 2 September. From 11:59pm on Tuesday August 17, authorised workers will also be required to carry permits when working, and when travelling for work.

Face masks will remain mandatory indoors (not at home) and outdoors, including all workplaces, unless an exemption applies.

For a more detailed overview of the restrictions, please see the updated Table of Restrictions.

The Victorian Government has also announced additional support for businesses most affected by the extension of the public health lockdown in Melbourne. Visit business.vic.gov.au for more information.

 

Last updated: 13 August 2021 (reviewed August 16, 2021)

Workplaces included

Construction businesses.

Understand the risks

COVID-19 can be transmitted by contact with droplets or airborne aerosols (tiny particles that float in the air) from a person with COVID-19, and contaminated surfaces.

Workplaces often involve the mixing of people in high-risk settings that can lead to the spread of COVID-19.

Under the Public Health Directions, businesses must implement measures to reduce the risk of COVID-19.  Use the following industry guide to understand the risks, the restrictions and your responsibilities.

Learn more Facts about COVID-19.

Industry guide

Use this industry guide to make your workplace COVIDSafe. This information supports the relevant Public Health Directions in place throughout Victoria.

1. Create and review your COVIDSafe Plan

All Victorian workplaces with on-site operations (including home-based businesses) must have a COVIDSafe Plan. Construction workplaces must have a Construction COVIDSafe Plan which is specifically tailored to construction businesses. The Construction COVIDSafe Plan supports your business to prevent the spread of COVID-19 and applies the Six principles of COVIDSafe workplaces.

You must regularly review your Construction COVIDSafe Plan to ensure it is current and reflects the latest advice.

2. Check capacity requirements

Understand density quotients and capacity limits about how many people can be in your workplace.

Learn more about How we work: metropolitan Melbourne
Learn more about How we work: Regional Victoria

3. Use QR codes and keep business records

Employers must also keep records to show compliance with the Directions including all logs created during the time of directions being in place, work premises rosters, time and attendance records and payroll data.

Victorian businesses must use the Victorian Government QR Code Service to check-in their workers, customers and visitors, with some limited exceptions.

Learn more about the Victorian Government QR Code Service.

4. Wear a face mask

Face masks must be worn indoors and outdoors by anyone aged 12 years and over, whenever you leave your home, unless you have a lawful reason not to.

Learn more about face masks.

5. Display signage

You must display signage at each public entry to indoor and outdoor spaces. This must show the capacity and face mask restrictions where required.

Learn more about Signs, Posters and Templates for your workplace.

You must also display Service Victoria QR Codes at every public entrance to indoor and outdoor spaces and at points of sale.

Learn more about the Victorian Government QR Code Service.

6. Maximise ventilation, keep spaces and equipment clean

Open windows and outside doors where possible to maximise ventilation. Reduce or eliminate recirculated air and increase the use of outdoor air where possible. Work with your building owner or manager to improve ventilation where possible.

Regularly clean shared and public spaces with disinfectant. Clean high-touch surfaces twice each day and clean shared equipment between uses.

Learn more about Cleaning and disinfection.

For a visual guide to workplace cleaning recommendations:

7. Understand fines and enforcement

Ensure you comply with current restrictions and advice from the Victorian Chief Health Officer. You may need to provide evidence of your compliance, including your COVIDSafe Plan, work premises rosters, time and attendance data, payroll data and other site attendance records.

Victoria Police and Victorian Department of Health Authorised Officers regularly check to ensure compliance with current restrictions.

Learn more about Fines, enforcement and reporting.

8. Respond to a suspected or confirmed COVID-19 case in the workplace

You must respond quickly to a confirmed or suspected COVID-19 case in your workplace. This will limit further exposure and reduce potential outbreaks.

Learn more about a confirmed or suspected case in the workplace.

Additional resources

Frequently asked questions

For construction sector FAQs related to current restrictions, visit:

What are the new restrictions for construction sites in metropolitan Melbourne?

From 11:59pm on 16 August 2021 the following changes will need to be adopted by all metropolitan Melbourne construction sites.

  • All sites will limit movement between multiple sites. Workers, including supervisors and managers, must not work at more than one site unless it is not reasonable and practical for the supervisor/manager to be limited to only one work site. For small-scale construction, supervisors can move between sites and specialist contractors can move between up to three sites per week.
  • Allow no more than one worker per four square metres of enclosed workspace
  • All workers will require an Authorised Worker and Provider Permit issued by an employer, to be presented to Victoria Police or Authorised Officers on request
  • All workers must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.

It is recommended all employees, supervisors and on-site specialists:

  • Minimise car-pooling to and from work, except in limited circumstances

Each small-scale construction site will:

  • reduce the number of people on-site to five people plus a supervisor at any one time
  • limit movement of workers between different sites. Specialist contractors or supervisors who need to move between sites may only visit three sites per week. All workers moving between multiple sites must wear a face mask (indoors and outdoors), check-in using the Victorian Government’s QR code app, and observe hygiene measures.
  • supervisors moving between sites should adhere to enhanced COVIDSafe practices.

Each large-scale construction site will:

  • be limited to a daily maximum of workers on site calculated as the higher of:
    • 25 per cent of their baseline workforce; or
    • five workers.

All workers count towards the applicable daily worker limit with the exception of workers specifically required to meet the minimum statutory obligations or requirements. .

Baseline workforce is the average daily number of workers on site across the project lifecycle, as derived from the project’s resourcing plan as at 16 August 2021. The resourcing plan and calculation are subject to audit. Project lifecycle commences from the date of on-site mobilisation and ends at handover.

Each early-stage residential land development site will:

  • follow density restrictions of no more than 10 workers per hectare.

All workers count towards the density restrictions.

Application

What is considered a large-scale construction site?

A construction site is considered large scale if it is:

  • permitted (as per the planning permit) to be (at completion) more than three storeys high (excluding basement), or
  • larger than 1,500m2 floor size (inclusive of all floors) or
  • for office use or for the internal fit out or retail premises, or
  • for industrial or large format retail use.

What is considered an early-stage land development project?

An early-stage land development project comprises all civil works undertaken on open air, large greenfield sites that are associated with and preparatory to construction of multiple individual residential dwellings or industrial or commercial development on that site (including site remediation and site preparation works, construction of utilities and construction of roads, bridges, stormwater/flood management works and trunk infrastructure).

For residential developments, once subdivision occurs, the construction of that dwelling on a part of the site is regarded as a small-scale construction project. For large scale residential development (e.g. retirement village) with a single entity responsible for construction, once dwellings are commenced, it will be considered large scale construction.

In relation to early-stage land development for industrial or commercial development, once construction of a building, warehouse or physical structure has commenced, it will be considered a large-scale construction site.

What is considered to be a small-scale construction site?

A small-scale construction site is a construction site that does not meet the definition of a large scale construction site or an early-stage land development.

What is considered to be construction of critical and essential infrastructure?

Construction of critical and essential infrastructure is not subject to business operating reductions. It means:

  • construction or maintenance (including civil works and building activities) of critical and essential infrastructure that is urgently required for the purposes of sustaining human health, safety and wellbeing, regardless of whether those activities are privately or publicly funded;
  • activities prescribed by government from time to time as “State Critical Infrastructure Projects”; and
  • construction and maintenance for the purposes of national security and defence.

The expectation is that very few activities will meet the above tests. Project proponents can contact ICC@ecodev.vic.gov.au to apply for a determination by the Chief Health Officer.

What are the rules for civil construction?

All civil works and all building and construction activities (whether publicly or privately funded) are subject to the large-scale, small-scale and early-stage land development restrictions unless those activities:

  • are any works up to (and including) the ‘base stage’ works for small scale residential construction, under the definition of the Domestic Building Contracts Act 1995
  • constitute construction of critical and essential infrastructure (see above); or
  • constitute critical repairs to any premises where required for emergency and safety, as provided for by the Authorised Providers and Authorised Worker List.

Reduced operations requirement

What is the definition of a worker?

Workers refer to people working on a site including, but not limited to, owners, managers, employees, contractors, workers on labour hire and security.

Workers do not include suppliers and deliveries (e.g. concrete testers and the like) who are only present onsite for a short period of time and these do not count towards the daily worker limits.

What is the definition of specialist contractors?

  • Appliance installers
  • Asphalters
  • Brick layers
  • Cabinet installers
  • Carpenters
  • Carpet layers
  • Caulkers
  • Cladding installers
  • Concreters
  • Earthworks and drainage specialists
  • Electricians
  • Engineers
  • Floor installers
  • Floor layers
  • Flora and fauna specialists
  • Garage door installers
  • Gas contractors
  • Geotechnical specialists
  • Gold class riggers
  • Heritage and cultural heritage specialists
  • Insulation installers
  • Joiners
  • Landscape architects
  • Mechanics who install and repair plant
  • Mobile Cranes – Operators and dogmen
  • Painters
  • Plasterers
  • Plumbers, including roof plumbers
  • Post Tensioners
  • Precast installers
  • Renderers
  • Retaining wall specialists
  • Security system installers
  • Sewer contractors
  • Shower screen/mirror installers
  • Solar installers
  • Sprinkler fitters
  • Steel fixers
  • Telecommunications installers
  • Termite specialists
  • Tile layers, including roof tilers
  • Traffic engineers
  • Vertical access riggers
  • Water proofers
  • Welders
  • Window and glass installers/glaziers

How do I calculate the allowable number of people on site based on the maximum 25 per cent of workers, given our numbers fluctuate?

The baseline daily workforce for a large-scale construction site is equivalent to the daily average number of workers on the large-scale construction site across the project lifecycle, as derived from the large-scale construction site’s resourcing plan as of 16 August 2021.

The project lifecycle commences from the date of on-site mobilisation and ends at handover. Further guidance on how to do this calculation is available in the industry specific guidance which is accessible on the Coronvirus website.

The resourcing plan for each site and the time period used to establish these levels are subject to audit and are required to be included as an attachment to your COVIDSafe Plan.

Can the selection of the 25 per cent of the workforce be changed day to day or week to week at the discretion of the Principal Contractor?

Yes. The principal contractor will determine which of the work will be prioritised to deliver its construction program, while ensuring the safety and security of the site.

Under the current restrictions, if there are separate contracts/projects being carried out concurrently within the same building, are these treated as individual projects for the purposes of operating reductions?

No. All workers on a site count towards the daily worker limit, with the exception workers undertaking emergency repairs and maintenance and workers engaged as suppliers and in deliveries (e.g. workers operating concrete trucks, concrete testers and the like who are only present onsite for a short period of time).

Each construction site must have a COVIDSafe Plan in place.

Do we rely on the site’s footprint or the site’s floor size to determine whether a site is more than 1,500 square metres?

In considering whether the site size is more than 1,500 square metres, you need to take into account the site’s total floor area as opposed to the site’s footprint.

Example: If there is a three-storey building, with each level having a floor area of 1200 square metres, the total floor area will be calculated as 3600 square metres. On that basis it would be categorised as a large-scale construction for the purposes of the restrictions.

Under the current restrictions, can new construction contracts in metropolitan Melbourne be signed and commenced?

Construction contracts can be signed and commenced if they are works relating to a permitted construction work premises:

  • Building and non-building construction (including residential)
  • Construction of critical and essential infrastructure and services to support these projects, and other construction in line with restrictions
  • Critical repairs to any premises, are allowed, where required for emergency or safety.

Employers of permitted construction work must have a COVIDSafe Plan in place for each workplace/site.

Are machine operators allowed to operate across different sites?

Specialist contractors can visit up to three sites per week.This includes mobile crane operators and vertical access riggers among other relevant roles. However we ask these workers to minimise interactions with people on site as much as possible to reduce the risk of spreading COVID-19 from site to site.

Can supervisors and/or managers for permitted workplaces move between sites?

The current restrictions are designed to limit movement as much as possible. Workers, including supervisors and managers, must not work at more than one site unless it is not reasonable and practical for the supervisor/manager to be limited to only one work site.

If there is a genuine reason why the supervisor/manager cannot be limited to one site, the employer must have systems of work in place to minimise the number of workers working across multiple sites, and maintain a record of all workers who do so.

For small-scale construction, supervisors can move between sites and specialist contractors can move between up to three sites per week. These arrangements must be recorded  , and the requirements of, the COVIDSafe plan adhered to at each site.

How many residential sites are builders, contractors and/or tradespeople permitted to work on in a single week if they are completing and handing over homes to allow homeowners to move in?

Movement of builders and contractors between residential sites must be managed in line with requirements for small-scale construction. Under those requirements, workers’ movements must be limited, supervisors and specialists who provide safety services may move between as many small-scale construction sites as necessary to fulfil their duties, and specialist contractors may move between up to three sites a week.

These arrangements must be recorded in, and observe the requirements of, the COVIDSafe plan at each site.

How will the five-worker rule apply with respect to sites where the homeowner attends the building site?

Under the Stay at Home Directions, individuals are only allowed to leave their homes for five reasons. Visiting a building site is not one of them.

If a homeowner attends the site for work purposes they will be counted towards the number of workers on the site.

If the homeowner is seeking to conduct an inspection of the site this should be conducted remotely where possible. If the homeowner must attend the site to complete a final inspection, this should be done alone.

Can work continue at a construction site for the purpose of making the site safe for shutdown?

Yes, providing the work is undertaken in line with the Workplace Directions and Workplace (Additional Industry Obligations) Directions.

I have a project where the building surveyor has determined that protection of the adjoining property is required. Can we enter the adjoining allotment which is occupied by the adjoining owner to carry out protection works to allow proposed building work to commence?

No, this not permitted if the adjoining property is not vacant, unless the protection works relate to critical and essential infrastructure, or where critical repairs are required for emergency or safety.

Can builders attend prospective sites for the purposes of tendering forthcoming projects, where it cannot be done remotely?

No, this is not permitted.

Does the limit of five workers for small scale construction apply to base stage and finishing stage?

Work sites must make every effort to minimise the numbers of workers on site at any one time. It would be expected that there would not be more than five workers and a supervisor on site at any one time, unless it were absolutely necessary for that activity due to safety (example, a slab pour).

The solar industry is considered part of the construction industry and must follow restrictions or requirements for this industry. This includes having a COVIDSafe Plan in place.

Is work carried out on one level of a building greater than three storeys considered small or large scale construction?

Any construction site that is “permitted to be (at completion) more than three storeys high (excluding basement)” is considered a large-scale construction site, regardless of how many storeys are being worked on at any one time.

What is the definition of ‘outside’ for the purposes of construction, building and maintenance work?

A work space is considered ‘outdoors’ if it is not fully enclosed. This means renovation work, such as a house extension, that occurs in a space without a roof or wall is considered to be outside. The ‘outdoor’ work space must be entirely separated from the occupied part of the house, so that workers and residents cannot access the same space (e.g., workers must not be able to enter the occupied areas of the house, even when residents are not present).

Workers must avoid contact with residents of the building and must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.

What is essential maintenance? Can essential maintenance continue in homes where residents are staying in metropolitan Melbourne?

  • Maintenance work in homes or apartments where residents are staying can only continue where it is essential for the continued operation of:
  • essential infrastructure and essential services that are required to maintain or protect human health, safety, and wellbeing (whether provided by a public or private undertaking), and including construction, maintenance, and repair of such infrastructure
  • critical repairs to any premises where required for emergency or safety
  • services to support ongoing provision and regulation of electricity, gas, water, sewage and waste and recycling services and their maintenance.  This includes services to ensure solar or battery supply at off-grid premises.
  • Workers must avoid contact with residents of the building and must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.

When is an apartment considered ‘unoccupied’?

An apartment is regarded as unoccupied only when all apartments in that building are empty. If any apartments have residents, all apartments in the building are considered to be occupied.

Is a shed or granny flat considered ‘unoccupied’ if it does not have a tenant but shares a block with an occupied home?

Yes, an unoccupied structure, such as a granny flat or a shed, is considered unoccupied even if it is on a property with occupied houses, if you can enter it without entering the occupied part of the property.

Large Scale Construction FAQs

Can large-scale construction sites run two shifts at 25 per cent workforce each shift?

No. For large-scale construction sites, the total is 25 per cent of their baseline site workforce (or five workers, whichever is higher) on one day, regardless of shifts. If a builder wanted to manage the site with two equal non-overlapping shifts, each shift would be limited to 12.5 per cent of the average daily number of workers on site across the project lifecycle.

How is baseline site workforce defined for large scale construction sites?

Baseline workforce is the average daily number of workers on site across the project lifecycle, as derived from the project’s resourcing plan as at 16 August 2021

The resourcing plan and calculation are subject to audit.

Project lifecycle commences from the date of on-site mobilisation and ends at handover.

For large scale construction, what are the applicable guidelines regarding defect rectification, final commissioning, tuning, and authority compliance?

Final commissioning, tuning, authority compliance and pre-handover are all considered to be construction activities on site, and must comply with the daily worker limit for large scale construction, calculated as 25 per cent of baseline site workforce (or five workers, whichever is higher). Because the baseline site workforce is calculated across the project life-cycle (from on-site mobilisation through to handover), the expectation is that the 25 per cent limit will provide capacity to accommodate the smaller number of workers (relative to the number of workers required on site per day during peak construction) that are required to be on site for final commissioning, tuning, authority compliance and pre-handover activities.

Defect rectification where it relates to critical repairs to the premises, are allowed, where required for emergency or safety under the permitted work premises list.

Small-scale and residential construction

Can my renovation proceed?

No, tradespeople and builders cannot visit homes for renovations but can provide repairs, maintenance, home installations and other building works if able to perform the work solo (unless additional workers are required for safety reasons) and only outdoors.

If you have vacated the property and it is completely unoccupied, then renovations can proceed in line with restrictions on small scale construction.

If you’re still living at the property, then trades people and builders can only make emergency repairs indoors.

Workforce

Are concrete truck drivers included as workers in the daily worker limits?

No. Concrete drivers who are present onsite for a short period of time are considered delivery drivers and do not count towards the daily worker limits.

All roles that fall within the specialist contractor category must abide by the applicable restrictions.

Specialists and contractors

I’m not on the specialist contractor list, how many sites can I visit a week?

Unless you are on the specialist contractor list or otherwise permitted (e.g. safety specialist, undertaking statutory functions or site supervisor for small-scale construction), you can only work at one site.

I’m an architect, can I attend site?

If you are working on a permitted construction project and are required to attend site for inspection and safety purposes, you can do so. You will require a valid Authorised Worker Permit and limitations apply.

What about architects, surveyors, auditors, building inspectors and engineers?

Workers that provide architecture, engineering, surveying, building inspection or compliance services or statutory functions must work from home where possible. Where these workers are required to attend sites for inspection and safety purposes, they are counted as workers and the limits apply to them.

Specialist contractors who need to move between sites are permitted to visit no more than three different sites a week, except where those visits are required to meet a minimum statutory obligation or requirement.

Under the current restrictions, are specialists who provide safety services limited to the number of sites they visit each week?

Specialists who provide safety services which enable a permitted work premises to safely undertake permitted activity are not limited in the number of sites they can visit per week.

This includes specialists who install critical OHS equipment, including scaffolding, safety rails, guardrails, stair void protection systems, other critical safety equipment/installations, traffic controllers, asbestos removalists, and those who conduct safety inspections (including fire safety services) and training talks.

‘Concreters’ are included in the list of specialist contractors. Does this include associated trades, such as site set-out specialists?

Yes, a reference to ‘concreters’ under the specialist contractors list includes associated trades, including site set-out specialists.

What constitutes an emergency or safety reason for repairs?

Emergency repairs are urgent repairs which must be undertaken to keep individuals within properties and work premises safe, to prevent individuals (including workers) from injury, to prevent property damage or damage to goods, or for urgent repair to an essential service (for example for example fixing a roof or restoring an electricity connection).

If you need to have a tradesperson over, maintain your distance, wear a face mask and minimise physical contact by paying by contactless payment or another non-cash method.

I am an apprentice; I cannot get to and from work without carpooling with someone. Am I allowed to get a lift with someone?

Where possible other arrangements, such as getting driven to and from work by another household member, are preferable to carpooling. Under the current restrictions, you are not permitted to share a vehicle with another person you do not ordinarily reside with, unless it is not otherwise reasonably practical to get to work.

The enclosed space of a car presents a heightened risk of transmission of COVID19. If traveling in a car with someone who is not part of your household, you should sit in the back seat in order to maintain physical distancing, and wear a face mask in the car.

Are landscape architects permitted onsite under the current restrictions?

Yes, landscape architects are classified as specialist contractors, and can attend construction sites if their work cannot be completed from home.

Workers that provide architecture, engineering, surveying, building inspection or compliance services or statutory functions must work from home where possible. Where these workers are required to attend construction sites for inspection and safety purposes, they are considered specialist contractors. Workers in this category who need to move between sites are permitted to visit no more than three different sites a week, unless those visits are required to meet a minimum statutory obligation or requirement.

Workers engaged in constructing landscapes, landforming and the provision of retaining walls and paths, decks, fences and garden planting, are permitted to work on construction projects and must comply with rules relevant to those sites.

Residential landscaping in occupied premises can occur if:

  • the service provider has an ABN
  • the service is provided by one person only unless additional workers are required for safety reasons
  • the work occurs outside
  • physical distancing can always be maintained.

Essential maintenance is permitted indoors or outdoors whether the premises is occupied or not.

All workers must wear face masks indoors and outdoors, unless a lawful reason not to wear one applies.